This section is from the book "Hill's Manual Of Social And Business Forms: A Guide To Correct Writing", by Thos. E. Hill. Also available from Amazon: Hill's Manual Of Social And Business Forms: The How-To-Do-Everything Book Of Victorian America.
In Case of Death. - If a person entitled to receive a patent should die before it is granted, his executors or administrators may receive it in trust for his heirs upon the same condition.
If Not Patented. - If an inventor makes and sells any newly invented machine before it is patented, the purchaser of it shall have the right to sell it to another person to be used without liability therefor.
Original Papers relating to a patent, when decided, are retained at the patent-office. Copies of the same are sent to the patentee at the usual costs. Though patent be denied, the money paid on the application cannot be withdrawn.
When Finished. - All applications for patents must be completed and prepared for examination within two years after the application is first filed in the patent-office, or be considered as abandoned, unless some satisfactory reason for the long delay is given.
New Designs. - Patents are granted for new designs of ornamental character for three-and-a-half years, or seven and fourteen years, as may be desired in the application. The patent expires at the expiration of the time for which application was made, and no extension is granted.
Foreign Patents. - A patent procured in the United States, for which the owner desires a patent in a foreign country, may remain in the secret archives of the patent-office at Washington for a period not exceeding six months, in order to give opportunity to arrange for patents abroad.
Re-issue. - Whenever a mistake has been made in the claims or specifications of a patent a petition may be made for a re-issue, the petition to be accompanied by new drawings and corrected specifications. A new and corrected patent will thereupon be issued, and the former patent will be cancelled.
Marked "Patented." - All patented articles must be marked "patented" before being; sold or used. It is a punishable offense to put the word " patented " upon any article for which a patent has not been issued. The penalty is a fine of not less than $100, with costs; one-half of the fine, when collected, to be paid to the person who prosecutes the guilty party, and the other half to the United States.
Patents In Canada. - The patent must be applied for within one year after the patent was allowed in the United States, by an American wishing a patent in Canada, else it is refused. Model required, and patent good for fifteen years. May import the article ready-made during the first year, but within two years must begin to manufacture the article on Canadian soil, or else arrange a definite place where the same may be obtained. Fees from 850 to $100.
Selling Patents. - Of the various methods for disposing of patents, there is, first, the selling of the patent entire to others, without reserving any rights; second, selling the patent on condition of receiving a royalty on each article manufactured where the patent is used; third, selling the right to manufacture, receiving a royalty for a certain length of time; fourth, selling the exclusive right to manufacture in certain territory on a royalty or not as may be agreed; fifth, selling the right to use in certain localities, or the right to manufacture in certain shops.
Official Fees. - Sec. 4934. The following shall be the rate for patent fees: On filing each original application for a patent, except in design cases #15. On issuing each original patent, except in design cases, $20. In design cases: For three years and six months, $10; for seven years, 815; for fourteen years, $30. On filing each caveat, $10. On every application for the re-issue of a patent, $30. On filing each disclaimer, $10. On every application for the extension of a patent, $50. On the granting of every extension of a patent, $50. On an appeal for the first time from the primary examiners to the examiners-in-chief, $10. On every appeal from the examiners-in-chief to the commissioner, $20. For certified copies of patents and other papers, including certified printed copies, ten cents per hundred words. For recording every assignment, agreement, power of attorney, or other paper of three hundred words or under, $1; of over three hundred and under one thousand words, $2; of over one thousand words, $3. For copies of drawings, the reasonable cost of making them. Sec. 4935. Patent fees may be paid to the commissioner of patents, or to the treasurer or any of the assistant treasurers of the United States, or to any of the designated depositaries, national banks, or receivers of public money, designated by the secretary of the treasury for that purpose; and such officer shall give the depositor a receipt or certificate of deposit therefor. All money received at the patent-office, for any purpose, or from any source whatever, shall be paid into the treasury as received, without any deduction whatever. Sec. 4936. The treasurer of the United States is authorized to pay back any sum or sums of money to any person who has through mistake paid the same into the treasury, or to any receiver or depositary, to the credit of the treasury, as for fees accruing at the patent-office, upon a certificate thereof being made to the treasurer by the commissioner of patents.
Models Required. - While a complete model is required not exceeding one foot square for a new invention, in case of an improvement upon a machine only a model of such improvement is required. A model may be made of wood or metal as best suits the convenience of the inventor, its simple purpose being to illustrate the working of the improvement or invention.
Drawings. - Paper must be used stiff enough to be stowed away in the portfolios; must be calendered and smooth. India ink, or other article giving a clear black mark, must be used. Size of the sheet should be exactly 10 by J5 inches, and one inch from its edge a single marginal line should be drawn, leaving the space for drawing exactly 8 by 13 inches. As much care is to be exercised in producing the drawings and specifications, the inventor should avail himself of the experience of some competent person in their preparation.
Caveats give inventors time to test and perfect their discoveries, running for one year, and can be extended from year to year. They can only be filed by citizens of the United States and foreigners who have resided here one year and have declared their intention to become citizens. A caveat is secret, and the caveator can use the stamp "caveat filed." No model required for a caveat. The caveat does not secure exclusive right of sale - a patent does. A caveat consists of a petition, specification, drawing and affidavit of invention.
Trade-Marks may be registered, giving person, firm or corporation exclusive right to use the same. Trade-marks remain in use for thirty years and may be renewed for thirty years more. No one may use the patented trade-mark of another on a similar class of goods calculated to deceive, but the same mark may be used on another class of goods in another line of trade without infringement. Where the word "star "is used by a certain maker, to illustrate, on shirts, it would not be lawful to use the figure of a star on a competing shirt, as the purpose in this case would be to deceive. Neither can a word similar in pronunciation be used as the words "royal" and "loyal."